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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swift Advances. Secured Loan Charges reclaim


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Hi everyone, thanks for the advice. I agree with you busterg that it is up to each of us as individuals to compile and justify their own research and I understand totally this is only a sounding board of people's experience; that's all I'm after really. Some input into what othes have encountered with Swift and outcomes, to see the way ahead for myself.

I think my previous post was slightly misleading in that I meant I signed my agreement 6 days after the new CCA 1974 regulations kicked in and I think KC is right, I have no way forward on this basis. I'm going to continue down the route tho of the disgusting way Swift have treated me, the glaringly obvious flaws in their agreement and unscrupulous dealings however, and see where that takes me. Hopefully my credit guy will be able to shed some more light on Monday on all this also.

Will be sure to keep you all posted.

KFC.......hmmmm, they just don't make it like they used to if you ask me:D but I for one would hate to learn the recipe, I would most definitely turn into the size of a house whilst never leaving the house making batches of chicken!

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I'm going to continue down the route tho of the disgusting way Swift have treated me, the glaringly obvious flaws in their agreement and unscrupulous dealings however, and see where that takes me.

 

Now you have it WLB. Definatley a good place to concentrate your efforts and focus on. :)

 

KFC.......hmmmm, they just don't make it like they used to if you ask me:D but I for one would hate to learn the recipe, I would most definitely turn into the size of a house whilst never leaving the house making batches of chicken!

 

welcome to my world! :)

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Gosh, what is it with you guys and KFC - disgusting stuff - yuck :p

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi everyone, thanks for the advice. I agree with you busterg that it is up to each of us as individuals to compile and justify their own research and I understand totally this is only a sounding board of people's experience; that's all I'm after really. Some input into what othes have encountered with Swift and outcomes, to see the way ahead for myself.

I think my previous post was slightly misleading in that I meant I signed my agreement 6 days after the new CCA 1974 regulations kicked in and I think KC is right, I have no way forward on this basis. I'm going to continue down the route tho of the disgusting way Swift have treated me, the glaringly obvious flaws in their agreement and unscrupulous dealings however, and see where that takes me. Hopefully my credit guy will be able to shed some more light on Monday on all this also.

Will be sure to keep you all posted.

KFC.......hmmmm, they just don't make it like they used to if you ask me:D but I for one would hate to learn the recipe, I would most definitely turn into the size of a house whilst never leaving the house making batches of chicken!

 

 

Just a few points,and hopefully in the right direction.

 

1 the credit guy you seeing on Monday.

 

There are more unscrupulous claims management company's out there than there are loan company's.

So DO NOT sign anything or agree to anything on the day.listen to what he has to say then research the company and what he has said, then make the decision whether to go with them.

THERE ARE A LOT OF PEOPLE WHO GET RIPED OFF BY THEES COMPANY'S

 

2 whether your agreement is regulated or not this will apply to it and it is the biggest and most versatile tool available at this present time under the CCA. UNFAIR RELATIONSHIP research this and things will become clear.

 

3 a good place to start.

PRACTICE DIRECTION CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS

 

 

 

 

wp3

Edited by welshperson3
added point 3
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Thanks for that Welshperson; I've picked up the 'unfair relationship' aspect going through the thread and is down in bold in my notes for credit guy Monday. On that note, I am indeed treading carefully though he comes highly recommended from a relative who used him to deal with another unscrupulous crowd that go by the hilarious name of Welcome Finance!

 

I'm off to read up on the CCA in this fine weather! Enjoy your weekend everyone;)

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Sorry but I dont have any time to waste explaining as to who or what we are up to.

this is an open forum and as we All know Swift are monitoring it every day along with many legal people.

while so far it has been a godsend to a number of people, by if only moral and legal support.

It also has educated the public as well as the legal experts as to what this Swift bunch has been up to.

 

However I can assure you Swift will go down big time, esp after the American carry on yeaterday. people will sit up and take heed now more to the like of ourselves.

so as far as I am concerned I intend giving nothing away to aid Swift to defend themselves in the high court in N Ireland, as everyone will benifit from the outcome.

 

yes Sparkie does know what he is talking about, more so than even most of you know.

as for the mnd games etc, from even the "Sparkle "days in the swift nest they were believe me, in full swing proof is seen now by the different class of posts

 

I or Sparkie do not need to prove to anyone, anything, time will tell why.

If you are 100% behind us get on with posting all the wrongs Swift have done to you and your familys.

let the Public know how these ***ards have treated you and do something constructive like ring all the goverment bodies and even swift themselves to complain.

as for me `Adios` I am gone, but will be back to arrange a plane trip to go to Swifts wake "party in Ireland before tha funeral" 8-)

ps iceland and their wee bang will be nothing to the swift explosion. but at least we will be able to fly? not sure about the swift crew though

Edited by pkelly

pick up a penquin two systems for the price of one:?:

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Sorry but I dont have any time to waste explaining as to who or what we are up to.

this is am open forum and as we All know Swift are monitoring it every day along with many legal people.

while so far it has been a godsend to a number of people, by moral and legal support.

It also has educated the public as well as the legal experts as to what this Swift bunch has been up to.

However I can assure you Swift will go down big time, esp after the American carry on yeaterday. people will sit up and take heed now more to the like of ourselves.

so as far as I am concerned I intend giving nothing away to aid Swift to defend themselves in the high court in N Ireland, as everyone will benifit from the outcome.

yes Sparkie does know what he is talking about, more so than even most of you know.

as for the mnd games etc, from even the Sparkle days they were believe me in full swing, proof is seen now by the different class of posts

I or Sparkie do not need to prove to anyone, anything, time will tell.

If you are 100% behind us get on with posting all the wrongs Swift have done to you and your familys.

let the Public know how these ***ards have treated you and do something constructive like ring all the goverment bodies and swift themselves to complain

as for me Adios I am gone, but will be back to arrange a plane trip to go to Swifts wake "party in Ireland before tha funeral" 8-)

 

 

"YIPPEE I YAY".... YIPPEE I OOOOHHHH!!!!

 

sparkie

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Ummmm, incase you hadn't noticed pkelly, for over a day now the rest of us have got on with posting:confused: I really don't think it's helpful or constructive to try and draw out another slagging match as to what this forum is about or who is doing what against Swift. I repeat, if you've nothing helpful advice wise to to say, then heed your own advice and say nothing at all. I've been enjoying the advice of busterg and welshperson who have been helpful without 'giving anything away'. It can be done you know!!:rolleyes:

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3 a good place to start.

PRACTICE DIRECTION CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPS

 

 

 

 

wp3

 

http://www.justice.gov.uk/civil/procrules_fin/pdf/practice_directions/pd_part07b.pdf

 

and a little more light hearted reading

 

http://www.newham.gov.uk/NR/rdonlyres/5FDEE9F6-7EEF-4B26-B53C-A419BC5C8D41/0/OFTUnfairRelationships.pdf

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The Wall Street bank Goldman Sachs, long considered a shrewd winner from the financial crisis, was slapped with potentially devastating fraud charges todayas US regulators accused the firm of fiddling investors out of more than $1bn (£640m) by wilfully mis-marketing toxic sub-prime mortgage-related securities.

A 22-page lawsuit filed by the US securities and exchange commission (SEC) charged Goldman Sachs with working with a controversial US hedge fund, Paulson & Co, to structure and sell a complex package of mortgages to clients while Paulson took a "short" position betting that the very same mortgages would fail.

Within minutes of the charges emerging, Goldman's shares plunged by 13% as investors feared a shattering blow to the investment bank's credibility. The SEC's accusations are levelled against the firm as a whole and against a French employee, Fabrice Tourre, 31, who is now an executive director in Goldman's London office.

The allegations revolve around a collateralised debt obligation called Abacus 2007-AC1 that was created by Goldman three years ago and proved a spectacularly poor investment for clients. Within nine months, 99% of the mortgages in the package had been downgraded and investors lost more than $1bn. Paulson, in contrast, made a profit of about the samRobert Khuzami, director of the SEC's enforcement division, said: "The product was new and complex but the deception and conflicts are old and simple. Goldman wrongly permitted a client that was betting against the mortgage market to heavily influence which mortgage securities to include in an investment portfolio."

Goldman swiftly denied any wrongdoing, saying: "The SEC's charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation."

The bank was among the few Wall Street firms to avoid significant losses on mortgages during the credit crunch. But the bank has been dogged by accusations of betting against clients and its insistence on paying industry-topping bonuses to its staff has turned it into a lightening rod for public outrage over perceived greed.

Tourre, the Frenchman allegedly at the centre of the scandal, was educated at the elite École Centrale Paris and at California's Stanford University. In 2007, he was a vice-president at Goldman's head office in New York, where he co-ordinated the creation of the contentious product.

In a January 2007 email sent by Tourre to a friend shortly before creating Abacus, he wrote: "More and more leverage in the system, the whole building is about to collapse anytime now ... only potential survivor the fabulous Fab[rice Tourre] ... standing in the middle of all these complex, highly leveraged, exotic trades he created without necessarily understanding the implications of all these monstruosities [sic]!!!" Losers in the deal include a Dusseldorf-based bank, IKB, which lost $150m, and the Dutch firm ABN Amro, later bought by Royal Bank of Scotland, which acted as an unwitting conduit between the parties involved.

The SEC alleges Goldman stuffed the Abacus portfolio with homeloans written in states such as Arizona, California, Florida and Nevada that suffered the worst of the US housing crash. Goldman told clients that an independent firm, ACA Management, was selecting the contents. In a 178-page memo to clients, it made no mention of Paulson, which, in fact, was heavily involved in selecting the mortgages. Goldman was paid $15m by Paulson for structuring and marketing Abacus.

The involvement of Paulson & Co is significant. The fund's billionaire boss, John Paulson, became a Wall Street celebrity by earning nearly $4bn in 2008 by correctly predicting that the US mortgage market would collapse. Among his lucrative "short" positions were bets that UK banks including Lloyds, Royal Bank of Scotland and HBOS would run into trouble.

For Goldman, the SEC charges are a huge headache. The bank's chief executive, Lloyd Blankfein, has spent months trying to soothe public anger over Goldman's conduct. He apologised in November for the firm's involvement in "things that were clearly wrong", although he attracted derision by remarking, in an apparent joke, that the bank was doing "God's work".e amount.

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Usually the only situation where an equitable assignment becomes a legal one is where it was always intended that it would be a legal assignment but there is some delay in giving notice to the debtor.

 

Or in the case of UK Securitisation, a contractual agreement between lender and spv which specifically states that in the case of insolvency of the lender a notice (of assignment a.k.a sale) will be sent to the borrower, thus making the equitable assignment into a legal assignment

Edited by Suetonius
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all other creditors have to give notice of assignment that is a presumption of fact in all cases as has been ruled in countless cases....Can you explain why should Swift not be required to do so?

 

Only if a legal assignment. Notice is not required by law for an equitable assignment

Edited by Suetonius
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Well done Sparkie and everyone

 

A brilliant move..!

 

We would all be lost without your inspiration........I certainly would not have got as far with this as I have.

 

As always best wishes

 

Dougal

 

PS: Criminal case looms on the horizon for our friends........at last they will be named and shamed!

 

 

 

Hi

Sorry I have not been on here for a while, here is an update the court gave us a stay of 4 weeks up to the 23rd feb it then went back to court and the judge ruled in the favour of swift advances because he said due to my brother not turning up, Swift know that he is dead they drove him to it !

Anyway they repossed the property on 7th April.

They will not speak to me or answer any of my emails.

I am going to fight this and will not give up until I get justice

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